Habeas Corpus Petition Dismissed After Court Accepts School Records As Proof Of Majority

In Harcharan Ahirwar v. State of Madhya Pradesh & Ors., the Madhya Pradesh High Court dismissed a habeas corpus petition filed by a father alleging that his daughter was being wrongfully confined by a man with whom she had allegedly eloped. The Court held that the woman was a major and was residing with the respondent of her own free will.

The Division Bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf examined the issue of age determination after conflicting documents regarding the girl’s date of birth were placed before the Court. While the petitioner relied on a municipal birth certificate showing her birth date as October 8, 2008, the police investigation produced her Class X marksheet and scholar register of the first school attended, both recording her date of birth as April 7, 2006.

Referring to Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Rule 12 of the Juvenile Justice Rules, 2007, the Bench observed that school records and matriculation certificates hold primacy in determining age. The Court noted that municipal birth certificates are to be considered only when educational records are unavailable.

The Bench also relied upon the Supreme Court decisions in Abuzar Hussain v. State of West Bengal and P. Yuvaprakash v. State of Tamil Nadu, which recognise matriculation and school records as primary evidence for age determination.

During the hearing, the woman informed the Court that she had voluntarily married respondent No. 4 and did not wish to return to her parental home. Recording that she was neither under coercion nor illegal detention, the Court disposed of the petition.